Reasonable factors other than age
Primary source
Verbatim text below is from the Electronic Code of Federal Regulations (eCFR), a public-domain U.S. government work. Always verify the current version with the eCFR before relying on it for any legal matter.
Full Text
(a) A recipient is permitted to take an action, otherwise prohibited by § 105-9.106, which is based on something other than age, even though the action may have a disproportionate effect on persons of different ages.
(b) An action may be based on a factor other than age only if the factor bears a direct and substantial correlation to the normal operation of the program or activity or to the achievement of a statutory objective.
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